Submitted

Thu, Dec 18th 2014 02:40 pm

Cease and desist letters sent to Wal-Mart, Amazon, K-Mart and other
retailers to halt sale of toy guns lacking distinguishing designs

Attorney General Eric T. Schneiderman today announced his office sent
cease and desist letters to several major retailers, including Wal-Mart,
Amazon, K-Mart and others for allegedly selling prohibited toy guns online to
residents of New York, and, in at least one case, in a K-Mart store in suburban
Rochester. The letters, stemming from an ongoing investigation, call for
retailers to immediately stop the in-store and online sale and shipment to New
Yorkers of toy guns that violate state law pending the resolution of
Schneiderman's investigation.

"When toy guns are mistaken for real guns, there can be tragic
consequences," Schneiderman said."New
York state law is clear: Retailers cannot put children and law enforcement at
risk by selling toy guns that are virtually indistinguishable from the real
thing."

The attorney general's investigation is focusing on ensuring compliance
with state law to prevent the purchase of prohibited toy guns both in stores
and online. State law prohibits the sale of imitation guns in realistic colors
such as black, blue, silver or aluminum, unless it has a non-removable one-inch-wide
orange stripe running down both sides of the barrel and the front end of the
barrel.

One of the retailers sent a cease and desist letter, Wal-Mart, was the
subject of an earlier investigation by the attorney general's office into
in-store sales of such toys, which resulted in a court order prohibiting them
from selling toy guns in New York. The A.G.'s office said it now appears those
sales have moved to the online marketplace.

This new investigation reveals many prohibited toy guns, priced from less
than $10 to as much as several hundred dollars, can be easily purchased online
and shipped into the state. The recent investigation also uncovered that at
least one retailer is selling illegal toy guns in its stores.

Some of the toy guns discovered during the investigation are advertised
as "realistic looking" and "full size." Since they lack the orange striping
down both sides of the barrel as required under state law, these imitation
assault rifles, shotguns and pistols closely resemble dangerous weapons, and
could be easily mistaken for real weapons by law enforcement and civilians
alike.

The attorney general sent cease and desist letters to the following
online retailers for selling illegal toy guns:

Wal-Mart

Amazon.com

K-Mart

Sears

ToyArsenal.com

Since 1997, at least four individuals have been killed in New York, and
one child was seriously wounded, when law enforcement officers mistook toy guns
for real guns. To report the sale of illegal toy guns, consumers are encouraged
to contact Schneiderman's consumer helpline at 800-771-7755.